Personal Injury Basics

What damages are you entitled to?

• Your reasonable medical expenses related to the injuries you sustained
• Lost wages
• Scarring or disfigurement
• Any permanent injuries, such as disability rating given by your health care provider
• Pain and suffering

The most difficult elements of damages to calculate are damages for pain and suffering, and permanent disability.  Contrary to popular belief, there are no set formulas to determine what a fair settlement is.  Generally speaking, however, if you are receiving ongoing medical treatment, you have had or will have surgery, or you have or are likely to have a disability rating, it is going to be very difficult for one not trained and experienced in this area to know what is fair settlement.  In order to protect your rights, you must first know your rights and often time, you will need an experienced attorney to help you determine what your rights are in these matters.

Is it wrong for me to make a claim for personal injury against the at-fault party's insurance company?

If you have suffered injury due to the negligence of another person or company, you should be compensated for your losses.  This is the primary reason that North Carolina requires us to carry liability insurance coverage on our vehicles.  The insurance company has charged and collected premiums to pay for legitimate claims such as your own.  Studies show that people with legitimate injuries are paid about one-third of their loss by insurance companies.  The overwhelming reason for this is people with legitimate claims do not know the fair and proper value of their claims for reasonable damages so they end up forfeiting many of their rights.

My friend (or relative) was driving when I was hurt, and he/she was at fault.  Would it be wrong to file a claim against my own friend (or relative) or make a claim against their insurance company?

If you have a legitimate claim, you should not feel guilty about filing a claim.  Again, we carry automobile insurance so that if we make a mistake or cause a wreck, the people who get hurt can recover damages.  You should not forfeit your rights because of your relationship.  The insurance company has no right to expect that you will not be paid because of your relationship with the at-fault party.  If the insurance company pays the claim as it should, then your friend or relative is actually protected from personal liability.  In most instances, the claim is really between the injured party and the at-fault party's insurance company.  Rarely do these cases result in a personal judgment against the at-fault driver.

If I make a claim with my own insurance company for injuries caused by another person's negligence, will my rates go up?

Insurance rates typically increase year after year whether a claim has been filed or not.  If you have a claim filed against you, then yes, you will receive insurance points.  However, most often, an at-fault party incurs insurance points that cause your rates to go up whether a claim is filed or not.  A claim under  your policy for compensation due to an injury not caused by you, someone driving your car, or a member of your household, should not increase your rates.

What is underinsurance (UIM) coverage, and why do I want it?

Underinsurance coverage provides you, the occupants of your vehicle, and members of your household with added protection should you suffer damages above the coverage available under the at-fault party's insurance coverage.  North Carolina law only requires drivers to carry $30,000 in liability coverage.  If you or a household resident are involved in a wreck resulting in serious injuries or death, you or your family may only be able to recover the policy limits available of the at-fault driver.  If this driver only has minimum coverage, it is unlikely that you will ever receive any further compensation for your losses unless you have taken the necessary steps to protect you and your family.  Most often, drivers who have minimum limits coverage do not have the financial means to personally pay you for the damages they have caused.  Even if you are very badly hurt and have large medical bills or other losses, the at-fault party's insurance will only pay the coverage they have available, and as the old saying goes, "you can't get blood from a turnip".  You or your family may be stuck with the financial burden of paying medical bills or other expenses related to the wreck out of your own pocket or ruining your credit.  North Carolina law does not require that you carry underinsured motorist coverage, so most people unwittingly reject this coverage to reduce the cost of insurance premiums.  The failure to carry this coverage can be an expensive mistake.  Under North Carolina law, you can elect up to $1 million in underinsurance for a relatively reasonable price.  You should talk to your insurance agent regarding this coverage as soon as possible to best protect you and your family.  

DISCLAIMER:  This information is provided as a public service.  Information contained is not intended as, and should not be taken as, legal advice.  The use of information provided in this summary should not be taken as establishing any contractual or other form of attorney-client relationship between Wells Jenkins Lucas & Jenkins, PLLC, and the reader or user of this information.